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Accent Signage sued in Mpls. shootings | StarTribune.com
The family of a graphic artist slain in Minnesota's deadliest workplace shooting is suing the company, alleging its leaders should have known his co-worker was potentially dangerous and taken greater precautions when firing him.
Deborah Beneke filed the lawsuit as the trustee for the family of Jacob Beneke. Beneke, 34, of Maple Grove was one of six people shot and killed last fall at Accent Signage Systems by Andrew Engeldinger, 36, before he turned the gun on himself.
The lawsuit also names Engeldinger's estate as a co-defendant and alleges that the Minneapolis company was grossly negligent, citing the Sept. 27, 2012, shootings as "reasonably foreseeable based on Engeldinger's past incidents of employment misconduct and his known propensity for abuse and violence."
The lawsuit requests damages in excess of $50,000.
"In my 33 years as an attorney, this is the most tragic case I have ever been part of," the family's attorney, Phil Villaume, said during a news conference Friday.
Despite the lawsuit's claims, Engeldinger's court and employment records show no history of physical threats or violence before the shootings -- only repeated warnings for being late to work and being verbally abrasive with colleagues.
Villaume said that they have "reason to believe" that Engeldinger had threatened other employees and that Beneke feared for his safety on the day of the killings.
"There were people, we believe the evidence will show, that were in fear of their safety of this man," he said.
However, Villaume admitted there was no evidence that Engeldinger made any direct threats against or was violent with Beneke or any of his other co-workers.
"It takes a very, very high level of culpability, almost to the nature of an intentional act," he said. "I've been doing this for 36 years, and I cannot recall a case where the facts were found to satisfy the gross negligence standard."
However, he said Beneke's family does have a case against Engeldinger's estate, although it's unclear whether the assets are worth much.
Accent Signage spokeswoman Wendy Khabie declined to comment on the lawsuit, saying the company's attorney has not yet had a chance to review it. Engeldinger's father, Chuck Engeldinger, referred questions to the family's attorney, Julia O'Brien. She did not return a telephone message seeking comment.
Engeldinger's parents told the Star Tribune last fall that their son may have had schizophrenia, although they were unaware whether it was ever diagnosed. He spiraled into depression after high school and eventually became delusional, rejected medications and eventually cut off contact with his family.
After a 12-year career with Accent, Engeldinger was fired the afternoon of Sept. 27. Before the meeting he retrieved a gun from his car and returned to the building, where he shot and killed owner Reuven Rahamim and five others, including Beneke. Also killed were Ronald Edberg, Rami Cooks, Eric Rivers and Keith Basinski. John Souter was seriously wounded but survived.
Beneke left behind a wife, Iliyana, and a 6-year-old son. His family also includes his parents and a sister.
Villaume said Friday that smaller companies that terminate employees have security guards on premises to escort fired employees off the property.
Asked whether he had ever fired a colleague, Villaume admitted that he had and that he had done so without security.
"I didn't feel I needed it," he said.
Pressed on what evidence showed that security would have been necessary when Engeldinger was fired, he said:
"We believe they knew he had problems with mental instability. It was generally known that he had mental illness problems."
However, he said there was no evidence yet to back the claim that the company knew or believed Engeldinger was mentally ill. According to the lawsuit, the company should have known he owned several firearms and routinely practiced at a firing range.
Villaume said Friday he believed the company was aware, but could not say how he knew that.
The suit claims that Beneke, who referred to Engeldinger as his "nemesis," was killed "as a result of personal animosity, wholly unrelated to employment at Accent."
Beneke allegedly knew the firing was going to occur that day and was asked to keep the informatin a secret.
On the day of the shootings, the lawsuit said, Beneke drove a different vehicle to work than he normally did and told his wife: "It's good I'll have the truck, because if he goes crazy, he won't recognize that I have a different car."Deborah Beneke filed the lawsuit as the trustee for the family of Jacob Beneke. Beneke, 34, of Maple Grove was one of six people shot and killed last fall at Accent Signage Systems by Andrew Engeldinger, 36, before he turned the gun on himself.
The lawsuit also names Engeldinger's estate as a co-defendant and alleges that the Minneapolis company was grossly negligent, citing the Sept. 27, 2012, shootings as "reasonably foreseeable based on Engeldinger's past incidents of employment misconduct and his known propensity for abuse and violence."
The lawsuit requests damages in excess of $50,000.
"In my 33 years as an attorney, this is the most tragic case I have ever been part of," the family's attorney, Phil Villaume, said during a news conference Friday.
Despite the lawsuit's claims, Engeldinger's court and employment records show no history of physical threats or violence before the shootings -- only repeated warnings for being late to work and being verbally abrasive with colleagues.
Villaume said that they have "reason to believe" that Engeldinger had threatened other employees and that Beneke feared for his safety on the day of the killings.
"There were people, we believe the evidence will show, that were in fear of their safety of this man," he said.
However, Villaume admitted there was no evidence that Engeldinger made any direct threats against or was violent with Beneke or any of his other co-workers.
Difficult to prove
Peter Riley, a personal injury lawyer for Schwebel Goetz & Sieben who is not involved in the case, said it's typically "extraordinarily difficult" to prove gross negligence against an employer."It takes a very, very high level of culpability, almost to the nature of an intentional act," he said. "I've been doing this for 36 years, and I cannot recall a case where the facts were found to satisfy the gross negligence standard."
However, he said Beneke's family does have a case against Engeldinger's estate, although it's unclear whether the assets are worth much.
Accent Signage spokeswoman Wendy Khabie declined to comment on the lawsuit, saying the company's attorney has not yet had a chance to review it. Engeldinger's father, Chuck Engeldinger, referred questions to the family's attorney, Julia O'Brien. She did not return a telephone message seeking comment.
Engeldinger's parents told the Star Tribune last fall that their son may have had schizophrenia, although they were unaware whether it was ever diagnosed. He spiraled into depression after high school and eventually became delusional, rejected medications and eventually cut off contact with his family.
After a 12-year career with Accent, Engeldinger was fired the afternoon of Sept. 27. Before the meeting he retrieved a gun from his car and returned to the building, where he shot and killed owner Reuven Rahamim and five others, including Beneke. Also killed were Ronald Edberg, Rami Cooks, Eric Rivers and Keith Basinski. John Souter was seriously wounded but survived.
Beneke left behind a wife, Iliyana, and a 6-year-old son. His family also includes his parents and a sister.
Suit: Security was needed
The lawsuit alleges "that a reasonable employer in Accent's position would have, among other things, provided adequate security on its premises, locked its doors, monitored Engeldinger and would have attempted to terminate Engeldinger in a safe manner."Villaume said Friday that smaller companies that terminate employees have security guards on premises to escort fired employees off the property.
Asked whether he had ever fired a colleague, Villaume admitted that he had and that he had done so without security.
"I didn't feel I needed it," he said.
Pressed on what evidence showed that security would have been necessary when Engeldinger was fired, he said:
"We believe they knew he had problems with mental instability. It was generally known that he had mental illness problems."
However, he said there was no evidence yet to back the claim that the company knew or believed Engeldinger was mentally ill. According to the lawsuit, the company should have known he owned several firearms and routinely practiced at a firing range.
Villaume said Friday he believed the company was aware, but could not say how he knew that.
The suit claims that Beneke, who referred to Engeldinger as his "nemesis," was killed "as a result of personal animosity, wholly unrelated to employment at Accent."
Beneke allegedly knew the firing was going to occur that day and was asked to keep the informatin a secret.
Accent Signage sued in Mpls. shootings | StarTribune.com
Friday, February 1, 2013
Family of Accent Signage shooting victim files suit
The family of a man who was among six people gunned down at his Minneapolis office last year are suing the company, claiming it botched the firing of the employee who carried out the attack and should have known he was mentally ill and potentially dangerous.
The lawsuit being filed on behalf of Jacob Beneke's family is the first to come from Andrew Engeldinger's Sept. 27 attack on Accent Signage Systems, said the family's attorney, Phil Villaume.
The Associated Press obtained a copy of the lawsuit in advance of Friday's formal announcement.
"It's probably one of the most horrendous, saddest cases I've ever been involved in in my 33 years of lawyering," Villaume said. "The Beneke family has suffered terribly, beyond comprehension. It's just a very, very sad situation all the way around."
Engeldinger, 36, fatally shot Beneke, four other co-workers and a UPS deliveryman before taking his own life.
The company had repeatedly cited Engeldinger for offensive behavior, tardiness and poor job performance, and it warned him a week before the attack that executives wanted to meet with him about his employment on the day of the attack. That day, Engeldinger was reminded of late afternoon meeting, and before heading in, he when to his vehicle to retrieve a gun. When company executives told him they were firing him, he pulled it out and began killing.
Engeldinger's parents have said he was mentally ill but had refused their offers to get him help. His mother declined to comment for this story.
The wrongful death suit, which names the company and Engeldinger's estate as defendants, alleges that Accent Signage should have known from Engeldinger's pattern of behavior that he had violent tendencies, suffered from a severe mental illness, and could hurt or even kill others.
The lawsuit says the company acted in a careless, negligent and grossly negligent manner when it gave Engeldinger notice of his potential firing in advance and allowed him to go to his vehicle. The lawsuit claims the company had no security cameras that would have filmed Engeldinger as he retrieved his weapon, and there was no extra security on hand for his meeting.
The lawsuit says: "a reasonable employer in Accent's position would have, among other things, provided adequate security on its premises, locked its doors, monitored Engeldinger, and would have attempted to terminate Engeldinger in a safe manner."
"They should've had security. They didn't take action. They knew they had a problem employee," Villaume said. "We have reason to believe that he was planning this for a long period of time. He was going through gun training at a gun range and had become quite proficient, if you will, at handling a handgun."
According to the lawsuit, Engeldinger was hired in 1999 and worked in Accent's engraving department. Beneke was hired in 2005 as an engraver, and eventually became a supervisor in the digital imaging department.
The lawsuit says Engeldinger held personal animosity toward Beneke, and Beneke often called Engeldinger his "nemesis." The company's owner and founder, who was also killed in the attack, told Beneke on Sept. 24 that Engeldinger was going to be fired three days later and that the information should be kept secret.
The lawsuit alleges that Beneke knew Engeldinger was prone to violence, and that he was afraid of what might happen on the day of the shooting. Beneke drove a different vehicle to work and told his wife, "It's good I'll have the truck, because if he (Engeldinger) goes crazy, he won't recognize that I have a different car," the family contends.
The lawsuit claims Accent is liable for Engeldinger's wrongful acts. Villaume said the Beneke family is seeking "substantial" damages. Beneke, 34, left behind a wife and a young son.
Messages left with Accent Signage and with the attorney handling Engeldinger's estate were not immediately returned Friday.
Villaume said the lawsuit is important, especially given the recent attacks like the one in Newtown, Conn., in which 20 elementary school students were gunned down.
"It's about time that people step up and speak out against gun rights," he said. "Guns in the hands of dangerous people are a dangerous thing, and they kill and harm and maim innocent people — and that's what happened here."
The shooting at Accent Signage was Minnesota's deadliest workplace shooting.
Family of Accent Signage shooting victim files suit | StarTribune.com
The lawsuit being filed on behalf of Jacob Beneke's family is the first to come from Andrew Engeldinger's Sept. 27 attack on Accent Signage Systems, said the family's attorney, Phil Villaume.
The Associated Press obtained a copy of the lawsuit in advance of Friday's formal announcement.
"It's probably one of the most horrendous, saddest cases I've ever been involved in in my 33 years of lawyering," Villaume said. "The Beneke family has suffered terribly, beyond comprehension. It's just a very, very sad situation all the way around."
Engeldinger, 36, fatally shot Beneke, four other co-workers and a UPS deliveryman before taking his own life.
The company had repeatedly cited Engeldinger for offensive behavior, tardiness and poor job performance, and it warned him a week before the attack that executives wanted to meet with him about his employment on the day of the attack. That day, Engeldinger was reminded of late afternoon meeting, and before heading in, he when to his vehicle to retrieve a gun. When company executives told him they were firing him, he pulled it out and began killing.
Engeldinger's parents have said he was mentally ill but had refused their offers to get him help. His mother declined to comment for this story.
The wrongful death suit, which names the company and Engeldinger's estate as defendants, alleges that Accent Signage should have known from Engeldinger's pattern of behavior that he had violent tendencies, suffered from a severe mental illness, and could hurt or even kill others.
The lawsuit says the company acted in a careless, negligent and grossly negligent manner when it gave Engeldinger notice of his potential firing in advance and allowed him to go to his vehicle. The lawsuit claims the company had no security cameras that would have filmed Engeldinger as he retrieved his weapon, and there was no extra security on hand for his meeting.
The lawsuit says: "a reasonable employer in Accent's position would have, among other things, provided adequate security on its premises, locked its doors, monitored Engeldinger, and would have attempted to terminate Engeldinger in a safe manner."
"They should've had security. They didn't take action. They knew they had a problem employee," Villaume said. "We have reason to believe that he was planning this for a long period of time. He was going through gun training at a gun range and had become quite proficient, if you will, at handling a handgun."
According to the lawsuit, Engeldinger was hired in 1999 and worked in Accent's engraving department. Beneke was hired in 2005 as an engraver, and eventually became a supervisor in the digital imaging department.
The lawsuit says Engeldinger held personal animosity toward Beneke, and Beneke often called Engeldinger his "nemesis." The company's owner and founder, who was also killed in the attack, told Beneke on Sept. 24 that Engeldinger was going to be fired three days later and that the information should be kept secret.
The lawsuit alleges that Beneke knew Engeldinger was prone to violence, and that he was afraid of what might happen on the day of the shooting. Beneke drove a different vehicle to work and told his wife, "It's good I'll have the truck, because if he (Engeldinger) goes crazy, he won't recognize that I have a different car," the family contends.
The lawsuit claims Accent is liable for Engeldinger's wrongful acts. Villaume said the Beneke family is seeking "substantial" damages. Beneke, 34, left behind a wife and a young son.
Messages left with Accent Signage and with the attorney handling Engeldinger's estate were not immediately returned Friday.
Villaume said the lawsuit is important, especially given the recent attacks like the one in Newtown, Conn., in which 20 elementary school students were gunned down.
"It's about time that people step up and speak out against gun rights," he said. "Guns in the hands of dangerous people are a dangerous thing, and they kill and harm and maim innocent people — and that's what happened here."
The shooting at Accent Signage was Minnesota's deadliest workplace shooting.
Family of Accent Signage shooting victim files suit | StarTribune.com
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